Animal cruelty and CCTV in flat

RESIDENCE WELFARE ASSOCIATIONs can be difficult to deal with if not competent. It turns out to be more of a harassment than help. An RWA or the Apartment Owners Association can be sued by any of the members or group of members. If you see a diversion or conflict of interest with respect to the byelaws of this association, a meeting should be held discussing issues in this regard.

Most RWAs prepare for such incidents and therefore, the byelaws may contain information about how and to whom should issues be directed to in the first place. All appeals against the decision of the Managing Committee is usually escalated to the General Body of the Association. The appeal is given to the Secretary in writing and the same is placed before the General Body. The decision of the General Body shall be final and will be communicated to the member concerned in writing.

If problems persist, residents can approach the Registrar of Societies which has the right to cancel the registration of the association. As a last resort, residents can move the court of law as well. These day various residents have been resorting to online forums to bring issues of concern to the fore.

Similarly, even when the Association is dissolved due to any reason, the course of action thereon is usually pre-decided especially with regard to liabilities, left-over properties/ assets etc.

Provisions under Societies Registration Act 1860 lays down the following:

“Every society registered under this Act may sue or be sued in the name of President, Chairman, or Principal Secretary, or trustees, as shall be determined by the rules and regulations of the society and, in default of such determination, in the name of such person as shall be appointed by the governing body for the occasion.”

There are two different issues here.(1) Whether a CCTV can be installed in or facing a public place. (2) Whether an unregistered association can take action in such matters.

Question 1.  CCTVs have become very common these days and there are no laws regulating their installation. A CCTV installed even in a public place can amount to invasion of privacy of those who use the public place. I do not want a Big Brother watching me all the time. If a CCTV is installed, as to who can see the footage must be strictly regulated. A court order or permission from police should be required to see the footage. Police can grand permission only if this rule can be enforced.

Question 2  An unregistered association or an association whose registration is cancelled has no right to act. In fact even an association which is registered under the Societies registration Act has no powers to act in such cases. Societies Registration Act is for voluntary associations where membership of the association is voluntary. An association with powers over the members should have been registered under the Tamilnadu Ownership Flats Act, 1994.